[R.O. 1988 § 28-1; Ord. No. 4793, 3-18-2024]
For the purpose of this Chapter, the following words and terms as used herein are defined to mean the following:
JUNK
Any old iron, steel, brass, copper, tin, lead or other base metals; old cordage, ropes, rags, fibers; old rubber; old bottles or other glass; bones; wastepaper and other waste or discarded material which might be prepared to be used again in some form; and any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; interior home furnishings, dilapidated or broken lawn furniture or fixtures, cut or fallen trees or shrubs.
JUNKED VEHICLE
1. 
Any vehicle damaged or inoperable which is parked within the City limits which is not registered or is improperly registered as defined by the State of Missouri, Department of Revenue, Division of Motor Vehicles, has been inoperable for more than seventy-two (72) hours, or is in such a state of repair as to be inoperable, except those on the premises of a duly licensed automobile repairs or sales business; or
2. 
Any partially dismantled, non-operative, wrecked, discarded, unlicensed, unregistered, improperly licensed, or improperly registered boat, trailer, camper trailer, or recreational vehicle; or
3. 
Vehicles not considered damaged or inoperable under this definition include any vehicle that is in the process of restoration that is properly secured, does not create a public health or safety hazard, and is located in the rear yard or in the side yard if covered by weather-resistant cover.
OWNER
1. 
The owner, occupant, corporation, firm, lessee, mortgagee, agent and all other persons having an interest in the building, structure or property where the nuisance is located; or
2. 
The owner as shown by the land records of the Recorder of Deeds for the appropriate County that such building, structure or property has been found to be a nuisance; or
3. 
If the nuisance is a junked vehicle, the owner shall also include the person(s) registered with the Missouri Department of Revenue as the owner(s), unless the City of Rolla or its duly authorized agent has knowledge of some other person who is claimed to be the owner, in which case such putative owner shall be considered the owner in addition to the registered owner.
[R.O. 1988 § 28-3; Ord. No. 4793, 3-18-2024]
The following things are hereby declared to be nuisances; provided, that such listing shall not be deemed exclusive:
(a) 
Shrubs, hedges and limbs of trees projecting over a sidewalk or street at a height of less than seven (7) feet.
(b) 
All substances or things which cause an odor disagreeable to the surrounding neighborhood.
(c) 
Carcasses of animals not buried, destroyed or removed within twelve (12) hours after death are prohibited.
(d) 
Garbage deposited otherwise than in suitable containers for removal by the City.
(e) 
Any solid waste containers, tree limbs, yard wastes or other solid wastes shall not be placed at the curb or alley for collection until the regularly scheduled collection day.
(f) 
Ponds and pools of unclean water.
(g) 
Utilizing the exterior premises for the open storage of any junk vehicle parts, appliances, furniture (excluding garden or patio furniture intended for outdoor use), building demolition rubbish, boxed or bagged household waste, or any other similar items. For the purpose of this Section, open storage shall be defined to include all storage on the premises that is not inside an enclosed building. This includes storage on porches, storage under open carports or breezeways, storage in open garages not equipped with a door, and storage inside yards or similar areas visible from the public right-of-way. This is to include, but not limited to:
(1) 
Lumber, junk, trash or debris;
(2) 
Abandoned, discarded or unused objects or equipment, such as freezers, stoves;
(3) 
Refrigerators, cans, containers, bottles, tires or rubbish.
(h) 
Nuisances listed in the adopted International Property Maintenance Code.
(i) 
Firewood that is not neatly stacked and/or free from insect and vermin.
(j) 
All decayed or unwholesome food offered for sale to the public or offered to the public at no charge.
(k) 
All diseased animals running at large.
(l) 
Accumulations, wheresoever they may occur, of manure, rubbish, garbage, refuse and human and industrial, noxious or offensive waste, except the normal storage on a farm of manure for agricultural purposes.
(m) 
Garbage cans which are not fly-tight, that is, garbage cans which do not prevent the entry of flies, insects and rodents.
(n) 
The pollution of any well, cistern, spring, underground water, stream, lake, canal or body of water by sewage or industrial wastes, or other substances harmful to human beings.
(o) 
Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities, or the presence of any gas, vapor, fume, smoke, dust or any other toxic substance on, in or emitted from the equipment of any premises in quantities sufficient to be toxic, harmful or injurious to the health of any employee or to any premises, occupant or to any other person.
(p) 
Any vehicle used for septic tank cleaning which does not meet the requirements of this Chapter of the Code of the City of Rolla.
(q) 
Any vehicle used for garbage or rubbish disposal which is not equipped with a water-tight metal body and provided with a tight metal cover or covers and so constructed as to prevent any of the contents from leaking, spilling, falling or blowing out of such vehicle at any time, except while being loaded, or not completely secured and covered so as to prevent offensive odors from escaping therefrom or exposing any part of the contents at any time.
(r) 
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
(s) 
Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Rolla and the Statutes of the State of Missouri.
(t) 
Any vehicle, junked vehicle, or junk or part thereof located on any property, street or highway which unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage, or harbors tall grass, weeds or other vegetation, or creates a fire hazard or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats or other vermin; or any vehicle, part thereof, for seventy-two (72) hours, is a public nuisance.
(u) 
Any business or enterprise that causes or produces any noises, vibrations, smoke, dust, dirt, odors or gases to such an extent as to be detrimental or injurious to the comfort, peace or health of other persons, that was located and conducted within one hundred fifty (150) feet of any building used exclusively for residence purposes at the time of the location of such business or enterprise.
(v) 
Any putrid or unwholesome meats or fish, decayed fruits or vegetables, refuse, offal, human or animal excrement, chamber lye, or other filthy or offensive substance or thing.
(w) 
Any building, shed or fence or other human-made structure, which because of its condition or because of lack of doors and/or windows, is open to trespassers or to the elements.
(x) 
Dead trees and dead limbs of trees so located that the falling thereof would endanger the safety of persons using any public or private sidewalks in the City or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street.
(y) 
Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation or kept in such an unsanitary condition that it is a menace to the health of people residing in or in the vicinity thereof or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.
(z) 
All other acts, practices, conduct, business, occupation, callings, trades, uses of property and all other things detrimental or certain to be detrimental to the health of the inhabitants of the City of Rolla.
[R.O. 1988 § 28-4; Ord. No. 4793, 3-18-2024]
(a) 
Administrative Remedies.
(1) 
Notice. When the Code Official or their designee determines that a nuisance exists, they shall give notice thereof either personally or by United States mail to the owner or owners, or the owner's agents, and by posting such notice on the premises thereupon. The notice shall state the nature of the violation, and the actions necessary to abate the nuisance, the time required for compliance, and that the owner has a right to request a hearing. If the owner does not abate the nuisance within the time required and does not request a hearing, the City may proceed to abate the nuisance at the cost of the owner. If the owner requests a hearing, such hearing shall be conducted by the Community Development Director. After hearing the evidence on both sides, the hearing office shall issue an order determining if a nuisance exists, and if so determine how long the owner has to abate the nuisance. If the owner fails to comply with the order, the City may abate the nuisance at the sole cost of the owner.
(2) 
For any abatement done by the City, the City Clerk shall add an administrative fee of two hundred fifty dollars ($250.00) per occurrence in addition to the cost of the abatement services.
(3) 
Tax Bill. If the owner fails to reimburse the City for its costs, the City Clerk shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official's option, for the property and the certified cost shall be collected by the Finance Director or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.
(b) 
If the Code Official determines that a property is in violation of this Chapter, the property owner may be issued a municipal ordinance violation citation. That citation shall provide the property owner with the date and location of the violation, the date and time of the summons to court, and the underlying allegation of the municipal ordinance violation.
(1) 
Citations issued by the Code Official shall be provided to the City Prosecutor, who is authorized to file such citations in the Circuit Court of Phelps County, Missouri, Municipal Division, and prosecute the resulting municipal case. In each case, the maximum sentence shall be a fine of not more than five hundred dollars ($500.00) and/or a jail sentence of not more than ninety (90) days in jail.
(c) 
In addition to any other remedy available at law or under this Chapter, the City of Rolla shall have the right to file and prosecute a civil cause of action for abatement of any nuisance as defined in this Chapter, and upon successful prosecution of such cause of action, the City of Rolla shall have the right to be awarded and recover from any defendant to such an action the City of Rolla's legal costs incurred and reasonable attorney's fees incurred in connection with any and all such civil causes of action to abate any such nuisances, in accordance with Section 79.383, RSMo., as amended from time to time.
(1) 
The remedies set forth in this Section shall be considered alternatives and the City may pursue any or all such remedies.
[R.O. 1988 § 28-5; Ord. No. 4793, 3-18-2024]
If the Code Official or their designee causes the nuisance to be abated by the City, the costs of the abatement and a reasonable charge for administering the abatement not less than two hundred fifty dollars ($250.00) shall be certified to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and collected by the Finance Director. The tax bill from the date of its issuance shall also be a lien on the property until paid. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes.
[R.O. 1988 § 28-6; Ord. No. 4793, 3-18-2024; Ord. No. 4908, 4-20-2026]
The growth of weeds, brush or rank vegetation shall constitute a public nuisance with the following exceptions:
(a) 
All lots or parcels or portions thereof not within one hundred (100) feet of any residence or street.
(b) 
All undeveloped lots, parcels or right-of-way owned by the City of Rolla and dedicated for park and open space use, as bird sanctuaries, riparian corridors, detention basins, or as dedicated but undeveloped public right-of-way.
(c) 
(Reserved)
(d) 
Undeveloped future phases of subdivisions that have been cleared or "brush hogged" shall be maintained in that condition until further development occurs.
[R.O. 1988 § 28-7; Ord. No. 4793, 3-18-2024]
The growth of weeds, brush or other rank vegetation in excess of ten (10) inches in height is declared to be a public nuisance, per se, detrimental to the health, safety and welfare of the public, except as set out in Section 28-6. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.
[R.O. 1988 § 28-8; Ord. No. 4793, 3-18-2024; Ord. No. 4908, 4-20-2026]
The Code Official, or their designee, must provide notice to any property owner of a property on which a nuisance of weeds, brush, or other vegetation is located. Such notice may be either by mail or by posting notice on the property. Such notice must allow for not less than ten (10) days for the property owner to appeal the determination. If the property owner does not appeal the determination, or if the appeal is denied, the property owner must be given an additional five (5) days to correct the violation(s) before the City may abate the violation(s).
[R.O. 1988 § 28-9; Ord. No. 4793, 3-18-2024]
If the Code Official or their designee abates a property by the cutting and removing of weeds, brush and other rank vegetation, the costs of the abatement and a reasonable charge for administering the abatement not less than two hundred fifty dollars ($250.00), shall be certified to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and collected by the Finance Director. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes.